Supplementary Guidance on the Policy on Migration

Advisory note

ACTION TO ENSURE HUMANITARIAN ACCESS FOR AND TO MIGRANTS

National Societies have identified humanitarian access for and to migrants as a fundamental
and complex challenge. The present note spells out the essential rules and recommendations
for strategic programming in this area, based on the relevant parts of the IFRC Policy on
Migration (2009). It is compatible with analytical and policy work undertaken previously, and
provides guidance that is indispensable and valid for all Red Cross and Red Crescent societies
at the global level.

1. Background
Scope and limitations
Humanitarian access – access to humanitarian assistance and protection for persons in
need, as well as access of humanitarian actors to persons in need – is a prerequisite for our
global humanitarian action, in non-conflict as well as conflict situations.

In situations of armed conflict, the primary

legal framework and source of guidance to “The International Red Cross and Red
ensure humanitarian access is international Crescent Movement strives to adopt
humanitarian law. The ICRC has a central an integrated and impartial
approach, combining immediate
role, and humanitarian access in situations action for migrants in urgent need
of armed conflict involves special action with longer-term assistance and
under specific guidelines. empowerment. It is therefore
important that National Societies be
Consequently, the scope of this advisory permitted to work with and for all
migrants, without discrimination and
note is, limited to humanitarian access in
irrespective of their legal status.”
non-conflict scenarios, where international
human rights law and, specifically for the (Policy on Migration, Principle 1)
Red Cross and Red Crescent, the Statutes of
the Movement provide guidance.

Problems of access may affect a large range of vulnerable groups, related to factors such as
health and mental status, age and gender, but also ethnic origin and social background. The
30th International Conference of the Red Cross and Red Crescent expressed particular
concern about “migrants, irrespective of their status”, as they “may live outside
conventional health, social and legal systems and for a variety of reasons may not have
access to processes which guarantee respect for their fundamental rights”1. Consequently,
the present note focuses especially on the situation of migrants.

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Resolution 1, Together for Humanity (November 2007)
Supplementary Guidance on the Policy on Migration
Humanitarian Access for and to Migrants

Legal considerations
The Statutes of the Movement lay down that National Societies (and other components of
the Movement) “act at all times in accordance with the Fundamental Principles”; but also,
that States “shall at all times respect the adherence by all the components of the Movement
to the Fundamental Principles”2.

According to the principle of impartiality, the Movement “makes no discrimination as to

nationality, race, religious beliefs, class or political opinions. It endeavours to relieve the
suffering of individuals, being guided solely by their needs, and to give priority to the most
urgent cases of distress”3.

Thus, to be able to act as required by the

Fundamental Principles, National Societies must “Legal considerations are an
essential element in determining the
have access to all persons in need, who in turn
vulnerability of migrants, and in
must have access to the services provided. securing adequate access for them to
States, on their part, are obliged to grant assistance and services. Moreover,
humanitarian access to National Societies. legal considerations are important
when designing strategies to empower
In addition, the Statutes of the Movement migrants and support them in
establishing realistic and positive
require also that States “support, whenever prospects for themselves.
possible, the work of the components of the
Movement”4. This imposes a positive obligation  National Societies shall develop a
on States. Not only are they obliged to grant thorough understanding of
humanitarian access, but they also should migrants’ rights as a key element
for responding to the vulnera-
facilitate the efforts of National Societies to bilities of migrants, and for their
ensure access to humanitarian services to and empowerment.”
for all persons in need.
(Policy on Migration, Guidance 4.1.)
The entitlement to humanitarian access is also
rooted in international human rights law, which
defines the rights of all human beings. States are obliged to respect, to protect and to fulfil
these fundamental rights. This means that all persons in need are entitled to have access to
the services and procedures necessary to realize their rights. If a State is unwilling or unable
to fulfil a particular right5, a National Society may substitute action by the public authorities
by providing the necessary humanitarian services. However, National Societies also have a
role in promoting the rights of individuals and should, if need be, remind the authorities of
their obligations under international human rights law.

2
Statutes of the International Red Cross and Red Crescent Movement, Article 1.2, Article 2.4
3
Ibid, Preamble
4
Ibid, Article 2.3
5
For example, the right of everyone to the enjoyment of the highest attainable standard of physical and
mental health (Article 12.1, International Covenant on Economic, Social and Cultural Rights)
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Supplementary Guidance on the Policy on Migration
Humanitarian Access for and to Migrants

The IFRC Policy on Migration

In its declaration Together for Humanity, the 30th International Conference, comprising
States and the components of the Movement, explicitly acknowledged “the role of National
Societies, based on the principles of humanity and impartiality, and in consultation with the
public authorities, in providing humanitarian assistance to vulnerable migrants, irrespective
of their legal status”6.

The Policy on Migration reflects this concern by underlining that National Societies shall
undertake sustained efforts to ensure that migrants have access to humanitarian assistance,
essential services, and legal support; and they shall strive to obtain effective and
unconditional access to all migrants, irrespective of their legal status.

The Policy thus makes clear that the term

humanitarian access has a double-meaning: It
relates to the access for migrants in need to
humanitarian services, and it relates to the
access of National Societies to migrants in
need.
“The degree to which migrants
have access to assistance, services
and legal support is a key criterion
in assessing their vulnerability.
Those who lack access are especially
susceptible to risks.

The wording of the Policy also emphasises  National Societies shall

that humanitarian access is not limited to
material assistance, but to a broad range of
concerns: It states that the degree to which
migrants have access to assistance, services and
legal support is a key criterion in assessing their
vulnerability.
Action to ensure humanitarian access for
migrants, thus, requires efforts to ensure that
the migrants have access to the full range of
services and procedures that are necessary to
realize their fundamental rights.
undertake sustained efforts to
ensure that migrants have
access to humanitarian assis-
tance, essential services, and
legal support. They shall strive
to obtain effective and uncon-
ditional access to all migrants,
irrespective of their legal
status.”
(Policy on Migration, Guidance 1.2.)

As humanitarian access is an encompassing issue, it not only concerns the relationship

between National Societies and public authorities. Equally important is how National
Societies act in relation to migrants. Culture and language as well as lack of trust may be
barriers that have to be overcome to ensure effective humanitarian access.

Prejudices and xenophobia among the general population are often a major source of
access problems for migrants. It is essential for National Societies to take into account, and
work to overcome social tensions and fears that prevent or hinder migrants in need from
accessing assistance and protection, irrespective of their status.
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Resolution 1, Together for Humanity
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Supplementary Guidance on the Policy on Migration
Humanitarian Access for and to Migrants

2. Programming principles
When working to ensure humanitarian access for and to migrants, National Societies must
ensure that the following general programming principles are respected:

1. Migrants are included in humanitarian programming and have access to National

Society activities and services, without discrimination and irrespective of their status
2. The primary aim is to ensure access for migrants to humanitarian services, be that
services provided by National Societies or other components of the Movement,
services provided by the public authorities, or services provided by other relevant and
competent organizations
3. When taking action to obtain access to migrants, National Societies are ready to carry
out vulnerability and capacity assessments and to respond to the needs identified
through providing services, referral to other service providers, or advocacy
4. When providing humanitarian services as a substitution to action by the public
authorities, National Societies remind the authorities of their obligations under
international human rights law.

3. Elements for analysis: Aims, Obstacles, Action

National Societies need to analyse humanitarian access for and to migrants in their specific
context – identifying aims and obstacles – and determine solutions and action accordingly.

Aims
Firstly, as an indispensable prerequisite, National Societies have to develop an
understanding of the humanitarian services that are at stake: The aims of Red Cross Red
Crescent action to ensure access must be clear.
Such services may include:
 Emergency relief: first aid and disaster relief, medical and legal interventions, other
emergency interventions
 Basic living assistance: accommodation, food, health care, education, other basic
assistance
 Additional services: social and psychological support, legal advice, integration support,
other services.

Obstacles
Secondly, as the basis for planning action to ensure humanitarian access, National Societies
have to identify and analyse the relevant obstacles. In most contexts, a complex mix of
factors is involved:

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Supplementary Guidance on the Policy on Migration
Humanitarian Access for and to Migrants

 Socio-cultural: xenophobia and racial prejudices against migrants; linguistic and cultural
discrimination; obstacles in the way of integration; tensions, misperceptions and lack of
communication between members of host communities and migrants; etc
 Public politics: exclusion of migrants from public services, participation and information;
discriminatory political discourse, or measures taken by political bodies, against
migrants of certain nationalities and religions; etc
 Legal and administrative: legal provisions that prohibit assistance for specific categories
of migrants; reduced financial or material aid to migrants or certain migrant categories;
preconditions/fees for migrants to obtain services; discriminatory policing practices;
limited freedom of movement for migrants; etc

Action

Thirdly, National Societies – where needed with the support of the IFRC and other National
Societies – have to determine appropriate solutions and take action to ensure humanitarian
access by circumventing, overcoming, or removing the obstacles:
 Alternatives to direct services:
 Refer migrants to other organizations and institutions that are in a better position to
overcome the obstacles
 Provide services in partnership with other organizations, rather than acting alone
 Support migrants to set up self-help networks
 Rely on informal networks to provide assistance, rather than formal programmes.
 Arrangements and agreements with decision-makers:
 Agree informally on flexible arrangements to allow access
 Obtain assurances from local authorities for unhindered access at local level
 Negotiate an interpretation of laws, policies, and procedures that allow ‘humanitarian
exemptions’.
 Changes to administrative practices, policies and legislation:
 Obtain changes in administrative practices hindering access
 Challenge the application of laws hindering access
 Intervene with competent authorities to change restrictive laws and policies
 Lobby and campaign against laws and policies that restrict access.
 Creation of an environment conducive to humanitarian access:
 Undertake advocacy with a view to promoting the rights of migrants and underlining the
benefits that migrants bring to host communities and countries of origin
 Inform migrants about their rights and involve migrants in participatory processes in
their host communities
 Integrate migrants as staff or volunteers into National Societies
 Cooperate with National Societies in countries of origin in order to make use of their
capacities, human resources and expertise to reach out to migrants in host countries.
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